## Facts

- Troy DeTerra, a paraplegic who uses a wheelchair, planned to fly from Las Vegas to Boston on America West with his brother and sister-in-law.
- At the gate, DeTerra requested pre-boarding because it was harder for him to get seated after other passengers boarded.
- A gate agent allegedly refused multiple requests for early boarding and told him he would board last.
- DeTerra alleged the agent spoke to his companions instead of him and used phrasing DeTerra understood as referring to him as an “it,” which he found demeaning.
- When DeTerra’s sister-in-law asked for a supervisor, she was given a phone number and was told no one was available.
- A dispute followed between DeTerra’s brother and airline personnel; the brother was barred from boarding.
- DeTerra and his sister-in-law did not take the scheduled flight and later traveled on another flight.
- DeTerra sued for damages under the Air Carrier Access Act (ACAA) and also brought Massachusetts common-law breach of contract and tort claims.

## Issues

1. Whether the Airline Deregulation Act (ADA) preempts state-law tort and contract claims based on an airline’s boarding practices and passenger handling.
2. Whether the alleged conduct (denial of requested pre-boarding, speaking to companions instead of the passenger, derogatory remarks, and lack of a Complaint Resolution Official) constitutes actionable disability discrimination under the ACAA supporting a private damages claim.
3. Whether punitive damages are available in a private action under the ACAA.

## Decision

- The court granted America West summary judgment on all claims.
- The court held the ADA preempted the state-law tort claims and the breach-of-contract claim because they related to airline “services,” including boarding and gate handling.
- The court held the alleged conduct did not amount to actionable disability discrimination under the ACAA on the undisputed record and did not support damages.
- The court held punitive damages are unavailable under the ACAA.

## Legal Principles

- The ADA preempts state laws and common-law claims that have a significant connection with or are directed at an air carrier’s “rates, routes, or services,” including boarding procedures and related passenger handling at the gate.
- Not all disrespectful, rude, or insensitive conduct toward a passenger with a disability constitutes actionable discrimination under the ACAA absent a cognizable denial of or interference with access to air transportation on the basis of disability.
- An alleged failure to provide access to a Complaint Resolution Official, even if inconsistent with DOT regulatory expectations, does not by itself create a private damages remedy under the ACAA.
- Punitive damages are not an available remedy in private litigation premised on the ACAA.

## Conclusion

The court entered summary judgment for the airline, concluding that federal deregulation law barred the passenger’s state tort and contract theories tied to boarding services and that the federal disability-access statute did not provide a damages basis on these facts or permit punitive damages.


DeTerra v. Am. W. Airlines, Inc., 226 F. Supp. 2d 298 (D. Mass. 2002)